BY ACCESSING THE WEBSITE WWW.DEBAUVE-ET-GALLAIS.COM YOU CONFIRM YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY SUCH. ANY ORDERS WILL BE EXCLUSIVELY GOVERNED BY THESE TERMS AND CONDITIONS. 



The Web site http://www.debauve-et-gallais.com (the " Site") is the only and exclusive property of Debauve et Gallais ("S.A.S Debauve et Gallais"), holder of all the related rights. Without prior and written permission of the S.A.S Debauve and Gallais, it is forbidden to copy or download whole or part of the Site or of its contents. However, the S.A.S Debauve et Gallais authorizes the creation of hypertext cross references to the Site. 

ARTICLE 1: ACCEPTANCE OF THE TERMS AND CONDITIONS 
The fact for a user ( the "Customer") of filling the order form being reproduced on the Site and of confirming the order (while clicking on " Send"), is worth full and whole acceptance of the Terms and Conditions, which will be only applicable to the contract thus concluded. 

ARTICLE 2: ORDER CONFIRMATION AND CONCLUSION OF CONTRACT 
The order form being reproduced on the Site, shall not be construed as a legally binding permanent offer. Thus, the conclusion of a sale contract will intervene only after validation of the payment and confirmation of order by the S.A.S Debauve et Gallais by means of an E-mail message of confirmation. 
The S.A.S Debauve et Gallais reserves moreover the possibility of not cashing a payment and thus of not confirming an order for some reasons related in particular to availability of stock, received order or foreseeable difficulties connected to the delivery. The Customer cannot cancel his order. 

ARTICLE 3: GENERAL OBLIGATIONS OF the PARTS 
3.1 Obligations of the S.A.S Debauve et Gallais 
The S.A.S Debauve et Gallais undertakes, once it has confirmed the order, to sell the products set forth on the order ("Products") and to deliver the Products ordered to the address indicated by the Customer. 
3.2. Obligations of the Customer: 
The Customer commits himself to fill the order form with precision and to indicate to the S.A.S Debauve et Gallais an address to which the delivery can be carried out during business hours. The Customer commits himself to pay the priceas well as to pay, or have paid, directly to the carrier,any additional amount that might arise due to customs duties, VAT or other taxes due upon import of the Products in the country of the place of delivery. In addition, the Customer agrees not to resell the Products. 

ARTICLE 4: SPECIFIC PROVISIONS 
4.1. Invoice price: 
The price indicated in the confirmation of order by the S.A.S Debauve et Gallais (the " Price") is definitive. The price is VAT included in the case of a delivery in France and VAT excluded in the case of a delivery abroad. The price includes the price of the Products, handling costs, transport and packing as well as the whole of the taxes for export out of France. 
The Price is in Euros, the amounts expressed in other currencies being provided only for the purpose of estimating the price in another currency. The payment of the Products is done only by bank credit card and the debit on the credit card of the Customer will be carried out in Euros at the time of the confirmation of order by the S.A.S Debauve et Gallais. An invoice will be issued by the S.A.S Debauve et Gallais at the request of the Customer and subject to the indication of an address of sending. 

4.2 Catering 
The Products being hand-made on a small-scale are never available in boundless quantity at a given moment. So, the S.A.S Debauve et Gallais, concerned about delivering only Products of the greatest quality, reserves the right not to confirm an order for that reason. In case of out of stock, it inform the customer by E-mail before confirming the order and proposes to him an indicative availability date which the latter must expressly accept or refuse. In the event of a refusal, the S.A.S Debauve et Gallais will not confirm the order and will immediately carry out the cancellation of the payment. 

4.3. Transport - Delivery - Delivery periods: 
The Products are delivered the working days to the address of delivery indicated in the order form. In case of absence of the recipient or of a person being able to take possession of the Products, the carrier will leave a note indicating the location where the Customer shall withdraw the Products. The S.A.S Debauve et Gallais will not, for any reason, be held liable for any deterioration in the Products due to a Customer's failure to collect the Products in a timely manner. 

4.4. Transfer of Risk: 
The transfer of risk of the Products takes place when the S.A.S Debauve et Gallais gives the Products to the carrier. Nevertheless the S.A.S Debauve et Gallais draw the attention of the Customers to the risks that there is, in spite of a protective packing, to send chocolates during the hotest periods of the year. 

4.5. Qualification upon Receipt - No Returns - Limited rights to Reimbursement/Replacement: 
The Customer cannot issue reserves with respect to the taste, the freshness or the appearance of the Products. He can only make a claim if the products delivered are not conform with the quantity ordered or if the packaging containing the Products is seriouslydamaged. 
In the first case he must contact the S.A.S Debauve et Gallais by E-mail no later than 12 hours after the claim was made. In the second case it must leave written reservations to the carrier no later than 12 hours after the delivery. A copy of these reserves must be sent to the S.A.S Debauve et Gallais (by E-mail or fax) no later than 12 hours after these reserves were made. The Customer must provide the S.A.S Debauve et Gallais with the confirmation by the carrier of the reality of these reserves. 
No return of Products will be accepted. If the above procedure is met and, if it is thus proven that the reserves are due to the fact that the package and the Products are strongly damaged, the S.A.S Debauve et Gallais will choose to reimburse the Customer the Price, or to replace the Products. 
4.6. Guarantee - Limitation 
The S.A.S Debauve et Gallais guarantees that the Products it gives to the carrier are of excellent quality and recent manufacturing. No other express or tacit guarantee is granted. In particular the S.A.S Debauve et Gallais doesn't guarantee that the Products meet the specific expectations of the Customer. 
4.7. Liability- Limitation of Liability 
The Customer is personnaly liable for its choice of the Products and, after delivery is entirely responsible for the conservation and consumption of the Products. The S.A.S Debauve et Gallais will not be held liable for not respecting any laws or regulations in the country where the Products are delivered. The S.A.S Debauve et Gallais is only laible for complying with French regulation relating to the Products. 

ARTICLE 5: INVALIDITY - FORCE MAJEURE - GOVERNING LAW - COMPETENT COURTS 
If any of the clauses of the Terms and Conditions are, for whatever reason, declared invalid or invalidated for any reason, this will not affect the application or the validity of the other clauses. The clause declared invalid or invalidated will be replaced by theclosest disposition. Neither the S.A.S Debauve et Gallais, nor the Customer will be held liable for any failure to perform their obligations as a result of force majeure beyond their control, including but not limited to the following: war, riot, insurrection, interruption of transport system, problem relating to import or export, strikes, lock-outs, shortage of Products, fire, flood, storm, earthquake. 
The present Terms and Conditions are governed exclusively by the French law. All litigation or disputes between the parties shall be brought only before the competent court in Paris.

S.A.S DEBAUVE et GALLAIS 
Maison fondée en 1800 
Fournisseur des Ancients Rois de France
30, Rue des Saints-Pères
Quartier Saint-Germain-des-Près
75007 PARIS
Ile de France
FRANCE 

Téléphone: + 33 1 45 48 54 67
+ 33 1 45 48 82 38 ( Internet Website )
Fax + 33 1 45 48 21 78 
+ 33 1 45 48 08 38 ( Internet Website )


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